This publication is the outcome of a conference marking the beginning of South Africas third decade of democracy hosted in November 2014 by the Mapungubwe Institute for Strategic Reflection (MISTRA) and the Thabo Mbeki African Leadership Institute (TMALI) at the University of South Africa (Unisa). The conference was entitled 20 Years of South African Democracy: So Where to Now? The main focus of the conference was projective reflections into the next two decades of democracy. It aimed to deal with the theoretical perspectives underpinning the state of South Africa in two decades of democracy and, most importantly, prospects for the future.

This outstanding and original work goes to the heart of South Africa's political problems - doubts as to the sustainability of the post-apartheid settlement, beset with divisions in the ruling ANC, factionalism, corruption and the widening of fault-lines in state and society. The 'leadership issue' has become key and this will be the first specific examination of leadership in the light of Mandela's legacy and its effect on his successor as potential and actual leaders - all in 'the shadow of Mandela' as the architect of the transition from apartheid to democracy, and with overarching moral authority and international reputation. Alexander Johnston shows how his successors are judged against Mandela's achievements, including the potentially impressive 'lost' leaders and concentrating on his immediate successors, Thabo Mbeki and Jacob Zuma. The book concludes with an in-depth assessment of new president Cyril Ramaphosa's potential to be a leader for a 'new dawn'. This is an objective and critical work by a close observer who acknowledges the achievement of South African leadership but is acutely aware of the doubts as to the sustainability of South Africa's hard won democratic settlement. An essential read for all readers interested in leadership and in the traumatic history and future of Africa's leading state, as the continent rises to global importance.

This volume brings together reflections on citizenship, political violence, race, ethnicity and gender, by some of the most critical voices of our times. Detailed and wide-ranging individual reflections, take the writings of prominent Ugandan political theorist Mahmood Mamdani as a touchstone for thinking about the world from Africa. Contributors apply this theory to argue that we cannot make sense of the political contentions of difference, identity and citizenship today without understanding the legacies of colonial rule on our world. Chapters examine the persistence of the past, and how we must reckon with its tragedies, its injustices, and its utopias in order to chart a new politics; the politics of possible futures that are more inclusive and more egalitarian, and that can think of difference in more equitable ways. In a time when the call to decolonize knowledge, and politics rings loud and clear, this is both a timely and a crucial intervention.

Building on the work of economic historian Douglass North and Ugandan political scholar Mahmood Mamdani, Friedman argues that the difficulties besetting South African democracy are legacies of the past, not products of the post-1994 era South Africa’s democracy is often seen as a story of bright beginnings gone astray, a pattern said to be common to Africa. The negotiated settlement of 1994, it is claimed, ended racial domination and created the foundation for a prosperous democracy – but greedy politicians betrayed the promise of a new society. In Prisoners of the Past Steven Friedman astutely argues that this misreads the nature of contemporary South Africa. Building on the work of the economic historian Douglass North and the political thinker Mahmood Mamdani, Friedman shows that South African democracy’s difficulties are legacies of the pre-1994 past. The settlement which ushered in majority rule left intact core features of the apartheid economy and society. The economy continues to exclude millions from its benefits, while racial hierarchies have proved stubborn: apartheid is discredited, but the values of the pre-1948 colonial era, the period of British colonization, still dominate. Thus South Africa’s democracy supports free elections, civil liberties and the rule of law, but also continues past patterns of exclusion and domination. Friedman reasons that this ‘path dependence’ is not, as is often claimed, the result of constitutional compromises in 1994 that left domination untouched. This bargain was flawed because it brought not too much compromise, but too little. Compromises extended political citizenship to all but there were no similar bargains on economic and cultural change. Using the work of the radical sociologist Harold Wolpe, Friedman shows that only negotiations on a new economy and society can free South Africans from the prison of the past.

A stirring collection of public talks and essays by an activist and former judge offers an intimate insider’s view of South Africa’s Constitution. This stirring collection of essays and talks by activist and former judge Albie Sachs is the culmination of more than 25 years of thought about constitution-making and non-racialism. Following the Constitutional Court's landmark Nkandla ruling in March 2016, it serves as a powerful reminder of the tenets of the Constitution, the rule of law and the continuous struggle to uphold democratic rights and freedoms. We, the People offers an intimate insider's view of South Africa's Constitution by a writer who has been deeply entrenched in its historical journey from the depths of apartheid right up to the politically contested present. As a second-year law student at the University of Cape Town, Sachs took part in the Defiance Campaign and went on to attend the Congress of the People in Kliptown, where the Freedom Charter was adopted in 1955. Three decades later, shortly after the bomb attack in Maputo that cost him his arm and the sight in one eye, he was called on by the Constitutional Committee of the African National Congress to co-draft (with Kader Asmal) the first outline of a Bill of Rights for a new democratic South Africa. In 1994, he was appointed by Nelson Mandela to the Constitutional Court, where he served as a judge until 2009. We, the People contains some of Sachs' most memorable public talks and writings, in which he takes us back to the broad-based popular foundations of the Constitution in the Freedom Charter. He picks up on Oliver Tambo's original vision of a non-racial future for South Africa, rather than one based on institutionalised power-sharing between the races. He explores the tension between perfectability and corruptibility, hope and mistrust, which lies at the centre of all constitutions. Sachs discusses the enforcement of social and economic rights, and contemplates the building of the Constitutional Court in the heart of the Old Fort Prison as a mechanism for reconciling the past and the future. Subjective experience and objective analysis interact powerfully in a personalised narrative that reasserts the value of constitutionality not just for South Africans, but for people striving to advance human dignity, equality and freedom across the world today.

From June 1963 to October 1964, ten antiapartheid activists were tried at South Africa's Pretoria Supreme Court. Standing among the accused with Nelson Mandela, Ahmed Kathrada, and Walter Sisulu was Denis Goldberg. Charged under the Sabotage and Suppression of Communism Acts for "campaigning to overthrow the government by violent revolution," Goldberg was found guilty and sentenced to life imprisonment. The only white man convicted during the infamous Rivonia trial, he played a historic role in the struggle for justice in South Africa. In this remarkable autobiography, Goldberg discusses growing up acutely aware of the injustice permeating his homeland. He joined the South African Communist Party and helped found the Congress of Democrats. It was his role as an officer in the armed underground wing of the African National Congress (ANC), however, that led to his life sentence -- the outcome of which was a staggering twenty-two years behind bars. While he was incarcerated, the racist dogma of apartheid imposed complete separation from his black comrades and colleagues, a segregation that denied him both the companionship and the counsel of his fellow accused. Recounted with humor and humility, Goldberg's story not only provides a sweeping overview of life in South Africa both during and after apartheid, but also illuminates the experiences of the activists and oppressors whose fates were bound together.

Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.